Question for my Friend

[rocky95 53]

My friend recently got married to her partner in the United States. Her now husband is here in the US on a student visa that is about to expire. 

 

They filed for the green card and I'm assuming also the AOS. She was thinking that this would be a quick response kind of thing (1-2 months max) because he is in the United States. So I guess will things be shorter since he is present here or are they looking at the normal 6-18 months timeline. Also if his visa expires before they get a response from the green card is he still able to stay in the United States w/ her?

[Crazy Cat 42,217]

Once a proper I-485 is filed, the applicant is granted "authorized stay" in the US until the I-485 is either approved or denied.  The applicant should be aware of work and travel restrictions.

[Rocio0010 5,631]

4 minutes ago, rocky95 said:

So I guess will things be shorter since he is present here or are they looking at the normal 6-18 months timeline

Being here does not make any difference. A GC is taking anywhere between 9 months- 2 years.

 

5 minutes ago, rocky95 said:

Also if his visa expires before they get a response from the green card is he still able to stay in the United States w/ her?

The response from the green card is called NOA (Notice Of Action). Once he receives this and his visa expires, he will be in a period of "authorized stay". 

Please tell your friend they need to make an account here. We have some valuable info that they, as a couple, should know.

[Verrou 1,962]

20 minutes ago, rocky95 said:

My friend recently got married to her partner in the United States. Her now husband is here in the US on a student visa that is about to expire. 

 

They filed for the green card and I'm assuming also the AOS. She was thinking that this would be a quick response kind of thing (1-2 months max) because he is in the United States. So I guess will things be shorter since he is present here or are they looking at the normal 6-18 months timeline. Also if his visa expires before they get a response from the green card is he still able to stay in the United States w/ her?

there's no 1-2 months AOS as far as i know. it really depend on the local field office. it can be months it can be years.

and once they filed AOS and get receipt letter, that person has "pending case"  so that person allowed to wait in the US during that time

[rocky95 53]

Thank you! I will pass on the information and send her the link to this thread so she can ask more questions if needed! 

[carmel34 3,655]

2 hours ago, rocky95 said:

is he still able to stay in the United States w/ her?

Yes, once the I-485 is properly filed and received, your friend is authorized to stay in the US, but he cannot leave the US or work in the US until receiving either the green card and becomes a legal permanent resident (takes 8-12+ months), or files for and receives an EAD (employment authorization via an I-765 to work) and AP (advance parole via an I-131 to travel outside the US) which both take about 8 months.